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COLORADO DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant: Level 3 Communications Case Number: SE -1141 Request: Subdivision Exemption for a Public Utility Facility Legal Description: Lot A of RE -2519 Part of NE4 Section 31, T3N, R66W of the 6th P.M., Weld County, CO. Parcel Number: 1211 31 000053 Parcel size: 100 x 100 sq feet Planner: J. Hatch-Drouillard Criteria Checklist Meets Criteria Yes No NA X 1. The proposal is consistent with the policies of Chapter 22 of the Weld County Code. X 2. The boundary change or temporary use location which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. X 3. In those instances when used pursuant to 24-8-30.A.1 of the Weld County Code, the request is the best alternative to dispose of existing improvements in conjunction with the companion Recorded Exemption. X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be sold, shall be at least one acre in size, and will no longer exist upon termination of the financing arrangements. Approved With Conditions The Subdivision Exemption is approved in accordance with information submitted in the application and the policies of Weld County. The Department of Planning Services has determined through its review that the standards of Section 24-8-40 of the Weld County Code have been met. 1. Prior to recording the plat: ...A!" The plat shall be titled: Subdivision Exemption No. 1141 B. Lot A and the SE Lot shall share an access, no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present and shall be a minimum distance of 75 feet from any intersecting County or State roadway. A joint access and utility easement, for the benefit of Lot A and the SE Lot, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24- F.E. 2009-3476 The applicant shall submit to the Weld County Department of Planning Services written evidence that the Fire District is in support of the proposed access in regards to its width and weight capacity. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. County Road It is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. All vehicles located on the property must be operational with current license plates, be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights -of -way. G. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. H. The following notes shall be placed on the plat: 1) This Subdivision Exemption is for the temporary use of a parcel for a public utility facility. 2) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right- of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) Subdivision Exemption Lots created for a Public Utility Facility shall revert back to the original parcel when the use ceases to exist. 5) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 6) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.8.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 7) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) 8) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 9) Under Section 24-8-140.D of the Weld County Code, the property is still recognized as one parcel. No additional building sites are created with this Subdivision Exemption. The lot created for financing purposes shall no longer exist upon termination of the financing arrangements. 10) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 6. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Subdivision Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co_weld .co_us. 8. The Weld County Department of Planning Staffs approval of this Subdivision Exemption is based upon satisfying the above conditions. Should an applicant be unwilling or unable to meet any one of these conditions, within 60 days of approval, then this case will be forwarded to the Board of County Commissioners with a recommendation for denial. By iN11 � Jacqueline Hach-Droui lard Planner III Date: July 6, 2009 Date: Received From: Permit Type WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT, CO 80504 PHONE: 720-652-4210, EXT. 8730 / FAX: 720-652-4210 J /� 20v"7 J L No. Receipt No. C L < Description 1851 Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE MISC. OCASEi CHECK NO. S `73 TOTAL FEE Receipted By: DL# Exp. Kim Ogle Subject: Location: Start: End: Recurrence: Meeting Status: Organizer: Required Attendees: Optional Attendees: PRE -APPLICATION MEETING - TIM ODONNELL TELE-CONFERENCE MEETING -- TENTATIVE, WILL BE CONFIRMED Fri 1/22/2010 11:00 AM Fri 1/22/2010 12:00 PM (none) Meeting organizer Kim Ogle 'TODONNELL@INFINIGY.COM'; Kristine Ranslem; Chris Gathman; Heidi Hansen; Donald Carroll; Lauren Light; Kenneth Swanson Barb Connolly CONTACT: TIM ODONNELL 518 320 0837 TODONNELL@INFINIGY.COM REQUEST: 59 FOOT TALL CELL TOWER, EXTEND TOWER FROM 59 TO 100 FOOT TALL SITUS: 12616 CR 26, NOT FOUND 1 Kim Ogle From: Sent: To: Subject: Tim O'Donnell [TODonnell@infinigy.com] Thursday, January 21, 2010 10:41 AM Tim O'Donnell; Kim Ogle Preapplicaton Call Teleconference 1-22-10 1:00 PM EST Bridge Number Mr. Ogle - As discussed, the following is a toll -free teleconference bridge number for your use on the 100 PM EST call tomorrow. Just dial in as a participant, I will open the call as moderator just prior to the call. John Stevens, Colorado PE, Infinigy Engineering will be on the call with me. Conference Participant: 1. At the specified time, dial 1.800.977.8002 (1.404.920.6650 for International and Atlanta Area). 2. When prompted, enter your Participant Code followed by #. 3. You Participant Code is 732489#. Participant Star Commands *4 - Volume - Pressing *4 will increase/decrease the volume. *6 - Mute - Participants can mute/unmute their own lines by pressing *6. If you have questions, please don't hesitate to call or email, thanks. Tim O'Donnell Project Manager Infinigy Engineering and Surveying PLLC 11 Herbert Drive Latham NY 12110 PH: 518-690-0790 FX: 518-690-0793 Mobile: 518-320-0837 tad on nela i nfi nigy.com 1 Kim Ogle From: Tim O'Donnell [TODonnell@infinigy.com] Sent: Wednesday, January 20, 2010 9:23 AM To: Kim Ogle Subject: RE: Attachments: PAR REQUEST.pdf Mr. Ogle - I apologize if I misread the street address for the parcel when we spoke via telephone. I have prepared a presubmitttal application, and took the parcel information from the permit originally issued for the existing tower. I have attached the PAR request - is the information in this form sufficient to determine the property address? I will provide any additional information required, and apologize again for any confusion. Tim O'Donnell Project Manager Infinigy Engineering and Surveying PLLC 11 Herbed Drive Latham NY 12110 PH: 518-690-0790 EX: 518-690-0793 Mobile: 518-320-0837 todon nelkO i nil niq y. corn From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Tuesday, January 19, 2010 6:36 PM To: Tim O'Donnell Cc: Kim Ogle Subject: Hello Do you have any additional information to provide for this proposed Tower extension. Also the situs address for the facility does not exist per the Assessor's Record. Do you have a property owners name or other legal description? Thank you. Kim Kim Ogle Weld County Planning Setaces . Greeley Office 918 Tenth Street i Greeley CO 80631 I koolen o is us T. 979 356.4999 x 35491F: 976 394 4981 C: 970 302.2875 • infiniay engineering & surveying • New York Office 11 Herbert Drive Latham, NY 12110 Phone: (518) 690-0790 Fax: (518) 690-0793 www.Inflniay.com January 12, 2010 Kim Ogle, Planner Weld County Department of Planning Services 918 10th Street Greeley CO 80631 Re: 12616 CR 28, WELD COUNTY COLORADO 80631 PRE -APPLICATION CONFERENCE, USE BY SPECIAL REVIEW 31' EXTENSION OF EXISTING 69' TOWER TO 100' TOWER Dear Mr. Ogle: in reference to the above -proposed project, please find the following: 1. Brief Project Narrative Explaining Request: 52 Eighty LLC is an infrastructure developer contracted to Level 3 Communications LLC ("Level 3") to provide antenna mounting structures for their use. In 2009 a building permit was issued by Weld County for a 69', by -right tower at the subject property. To enhance the coverage from the existing facility, we are proposing to increase the permitted height of the tower by 31' as detailed on the attached drawings dated 1-4-10. 2. Conceptual Site Plan showing all structures, parking, nearby roads and driveway access. Please see attached drawings dated 1-4-10. 3. Conceptual draining and landscape plan — We are prepared to provide these conceptual plans, but would like to discuss them with the Planning Staff in the Pre -application conference. I am requesting a pre -application conference via teleconference as you mentioned. My company can provide a secure conference bridge for use during the call at no cost to the County. John S. Stevens, Colorado Licensed Professional Engineer, will attend the teleconference to answer any design -related questions you may have. If you have questions, or require further information regarding this proposal, please do not hesitate to contact me directly at 518-320-0837 or by email at todonnell(c iinfinigy.com. Very truly yours. Tim O'Donnell Project Manager /to Enclosures Cc: John S. Stevens, Colorado Licensed Professional Engineer Infinigy Engineering and Surveying PLLC GA Office: 2255 Sowell Mill Road, Suite 130, Marietta, GA 30062 — Phone: 678-444-4463 - Fax: 678-444-4472 VA Office: 3 South 12th Street, 2nd Floor, Richmond, VA 23219 — Phone: 804-788-8940 — Fax: 804-788-894] WI Office: 64 N. Main Street, Suite B, Hartford, WI 53027 -- Phone: 262-670-9530 - Fax: 262-670-9560 WELD COUNTY PRE -APPLICATION REVIEW REQUEST • The pre -application request is the preliminary review of a land use proposal. Pre -application reviews are required prior to beginning the application process; however, this review is not an application. Pre -application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. Pre -Application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre -submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre -application review request. Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Tim O'Donnell, Project Manager, Infinigy Engineering and Surveying PLLC Phone: 518-320-0837 Fax: 518-690-0793 Email: todonnell@infinigy.com Address: 11 Herbert Drive, Latham NY 12110 Project Description: 31' extension of existing permitted 69' tower Property Information: Section -Township - Range PTNE4 31-3-66 Zoning A Parcel Number 1211-31-0000-53 Acreage 5.03 Site Address 12616 CR 28, Weld County CO 80631 Water Source N/A Legal Description Lot A, RE 1211-31-1-1-RE2519 Sewer N/A Owner Name Level 3 Communications L.L.C. Is this property currently in violation? (- Yes IX No Preferred date and time for meeting: Case Number Office Use Only Project Title: Description: Review Date: Meeting Daterrime: Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 • • WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, FOR (SPR) SITE PLAN REVIEWS: ❑ Brief project narrative explaining request [] Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage • Conceptual building elevations ❑ Conceptual landscape plan FOR (USR) USE BY SPECIAL REVIEWS: • Brief project narrative explaining request • Conceptual site plan showing all structures, parking, nearby roads, and driveway access • Existing contours and proposed grades I: Conceptual drainage ❑x Conceptual landscape plan FOR (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): CI Brief project narrative explaining request Exhibit showing desired changes to be made Location map showing property, surrounding area and adjacent uses Conceptual zoning map showing current and proposed zoning Conceptual site plan showing all structures, parking, nearby roads, and driveway access Existing contours and proposed grades Conceptual drainage Conceptual landscape plan Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 • • Chris Gathman From: Chris Gathman Sent: Thursday, August 27, 2009 8:48 AM To: 'Kayla Kramer Subject: RE: SE -1141 Kayla, I spoke with our County Attorney this morning about this. It is acceptable to proceed with submittal of the plat for recording. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Kayla Kramer[mailto:kayla.kramer@hotmail.com] Sent: Wednesday, August 26, 2009 11:24 AM To: Chris Gathman Subject: RE: SE -1141 Hi Chris, one more question. I'm going to have to coordinate getting the 2nd page Mylar to your office in the most expedient way. Can I have it overnighted directly to your attention from the surveyor? Thanks, Kayla > From: cgathman@co.weld.co.us > To: kayla.kramer@hotmail.com > Date: Wed, 26 Aug 2009 10:48:38 -0600 > Subject: RE: SE -1141 > Kayla, > I am planning on talking to Kim Ogle about this situation today. He is currently in a land use hearing. > Chris Gathman > Planner III > Weld County Department of Planning Services > 918 10th Street, Greeley, CO. 80634 1 • • Chris Gathman From: Kayla Kramer [kayla.kramer@hotmail.com] Sent: Tuesday, August 25, 2009 12:58 PM To: Chris Gathman Subject: FW: SE -1141 Attachments: Easement Agreement[1 ].doc Hi Chris, Attached is a copy of the letter we have sent to Herman Farms on two separate occasions. The first arrived Friday, August 14th, at 11:39 am, the second arrived Thursday, August 20th, at 2:34 pm. Despite all of our good -faith efforts, we still have not received any communication from Mr. Herman, although we have provided 2 postage -paid return envelopes. Additionally, I have contacted the attorney of record shown on documents found during a search on the Internet for Herman Farms, or Mr. Herman's other company, Platteville Irrigating & Milling Co. and provided my name and number as well as the reason I was attempting to contact Mr. Herman. I still have not been contacted by Mr. Herman or his attorney. I have continued to research the easement issue and have visited with easement and ROW professionals familiar with situations such as this and would like to propose an alternate plan. Regarding the existing 30 foot easement: A formal easement of record does not exist. It is not an exclusive easement. * The only record of easement rights were granted in the creation of the plat through Exemption No. 1211-31-1-RE2519 and stated "To Benefit Lot B" as a plat granting general access to a landlocked tract. * There were no rights to be acquired for the owner of Lot B through this plat or easement. i Given that SE -1141 only props partial use of the existing a ment, which does not detract from the access granted to any owner of Lot B, would your office please consider the letters sent to Mr. Herman sufficient notice and allow the second page of the plat with the detail showing the overlap of easements be the final point to be resolved in SE -1141? I appreciate all the help and advice you have given me on this project... Thanks, Kayla 918.851.9102 From: kayla.kramer@hotmail.com To: cgathman@co.weld.co.us Subject: RE: SE -1141 Date: Mon, 24 Aug 2009 16:15:30 -0500 Hi Chris, we have sent 2 letters to Mr. Herman and he has yet to respond or even acknowledge our efforts. We have only been able to contact him through the postal system since his phone number is unlisted. Do you have any recommendations on how we can get this settled asap? Thanks, Kayla > From: cgathman@co.weld.co.us > To: kayla.kramer@hotmail.com > Date: Fri, 14 Aug 2009 13:01:23 -0600 > Subject: RE: SE -1141 > That Works. > Thanks > Chris Gathman > Planner III > Weld County Department of Planning Services > 918 10th Street, Greeley, CO. 80634 > Ph: (970)353-6100 ext. 3537 > Fax: (970)304-6498 > Original Message 2 Chris Gathman From: Sent: To: Cc: Subject: Chris Gathman Wednesday, August 12, 2009 7:53 AM 'kayla. kramer@hotmail.com' Kim Ogle SE -1141 Kayla, I spoke with Kim Ogle in our office and I think we found a way to address the issues and finalize the SE -1141 plat. As follows: 1) Attach a separate plat sheet(have it on a separate page so the owner would not have to resign the plat)to be recorded with the SE- 1141 plat. This plat sheet would be in a reduced scale that shows the easements in clearer detail (different easements would then be hatched or shaded to distinguish them from each other when they overlap). - This would address the comments that Jacqueline had on her initial review of the plat and distinguish easement locations as requested by our County Surveyor. 2) Provide an agreement/sign-off from the neighboring property owner to the south re: the overlapping easements. * Bring in the plat (with item #1 addressed) along with the easement agreement when you come in to pick up the building permit. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 • • Chris Gathman From: Sent: To: Subject: Attachments: Plattville 2 Plat-REV.pdf (126... Leon, Chris Gathman Wednesday, August 05, 2009 8:46 AM Leon Sievers FW: SE -1141 Plattville 2 Plat-REV.pdf Here is an SE case where the applicant is proposing a 20 -foot access easement to access an Subdivision Exemption parcel for a cell tower. However, the 20 -foot access easement as shown on the plat overlaps an existing 30 -foot access easement designated through a previous recorded exemption that was designated as access for a parcel to the south of this site. I thought you could not designate an access easement on top of an existing access easement. I just wanted to verify this before I respond to the surveyor. FYI: A pdf of the proposed SE is attached. However it is pretty hard to read (lots of overlapping lines). Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Jeremy King [mailto:jking@clsgroup.com] Sent: Wednesday, August 05, 2009 7:42 AM To: Chris Gathman Subject: SE -1141 Chris: My apologies, but we will be unable to meet you this morning as we had hoped and discussed yesterday. If you get a chance, I have attached the corrected plat and incorporated Jacqueline's requests, please review and advise should there be additional changes necessary. Thank you and have a great day. Jeremy J. King Project Manager CLS Group 609 S. Kelly Ave., Ste. D Edmond, OK 73003 Office: (405) 348-5460 Cell: (405) 413-4070 Fax: (405) 341-6334 www.clsgroup.com <http://console.mxlogic.com/redir/?b0Vxx4QsK6zAS000_SsUCr0lmfEhzlJrBPt- LtdZ5VUQsEK6XCN4Hal45mfEhzlJrBPgbNEV7f3zgar1EVo76zAsyqejoUSc3ht55x4TfM- uOUSyrhdI IFLT78ECNC5coUwPM3Cb> CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential, may be privileged and should be read or retained only by the intended recipient. If you have received this transmission in error, please immediately notify the sender and delete it from your system. 2 Chris Gathman From: Sent: To: Subject: Jeremy, Chris Gathman Wednesday, August 05, 2009 4:50 PM 'Jeremy King' FW: SE -1141 Here are comments from our county surveyor (Leon the SE -1141 that will need to be addressed. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Leon Sievers Sent: Wednesday, August 05, 2009 2:26 PM To: Chris Gathman Subject: RE: SE -1141 OD e Sievers) re: the easements indicated on Chris This is somewhat unusual because the easement that easement for the benefit of Lot B of that RE. At the very least we would need evidence that the owner of Lot B does not was created in RE 2519 was an access to see object to this easement and I'm sure that owner would have questions about maintenance. The easement created in RE 2519 does not state if it is exclusive or non-exclusive. It sure would be nice to know that. I would also like to see some dimensions on the easement so it can be located in the field, if need be. Any future development of Lot A of RE 2519 will need to be able to show both proposed easements, the utility and access. Leon Sievers,PLS, SR/WA Right of Way Agent/Surveyor Weld County Public Works Dept. PO Box 758 Greeley, Co 80632 (970) 356-4000 x 3785 Original Message From: Chris Gathman Sent: Wednesday, August 05, 2009 8:46 AM To: Leon Sievers Subject: FW: SE -1141 Leon, Here is an SE case where the applicant is proposing a 20 -foot access easement to access an Subdivision Exemption parcel for a cell tower. However, the 20 -foot access easement as shown on the plat overlaps an existing 30 -foot access easement designated through a previous recorded exemption that was designated as access for a parcel to the south of this site. I thought you could not designate an access easement on top of an existing access easement. I just wanted to verify this before I respond to the surveyor. 1 Chris Gathman From: Sent: To: Subject: Leon Sievers Wednesday, August 05, 2009 2:26 PM Chris Gathman RE: SE -1141 Chris This is somewhat unusual because the easement that was created in RE 2519 was an access easement for the benefit of Lot B of that RE. At the very least we would need to see evidence that the owner of Lot B does not object to this easement and I'm sure that owner would have questions about maintenance. The easement created in RE 2519 does not state if it is exclusive or non-exclusive. It sure would be nice to know that. I would also like to see some dimensions on the easement so it can be located in the field, if need be. Any future development of Lot A of RE 2519 will need to be able to show both proposed easements, the utility and access. Leon Sievers,PLS, SR/WA Right of Way Agent/Surveyor Weld County Public Works Dept. PO Box 758 Greeley, Co 80632 (970) 356-4000 x 3785 Original Message From: Chris Gathman Sent: Wednesday, August 05, 2009 8:46 AM To: Leon Sievers Subject: FW: SE -1141 Leon, Here is an SE case where the applicant is proposing a 20 -foot access easement to access an Subdivision Exemption parcel for a cell tower. However, the 20 -foot access easement as shown on the plat overlaps an existing 30 -foot access easement designated through a previous recorded exemption that was designated as access for a parcel to the south of this site. I thought you could not designate an access easement on top of an existing access easement. I just wanted to verify this before I respond to the surveyor. FYI: A pdf of the proposed SE is attached. However it is pretty hard to read (lots of overlapping lines). Sincerely, Chris Gathman Planner. III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Jeremy King [mailto:]king@clsgroup.com] Sent: Wednesday, August 05, 2009 7:42 AM To: Chris Gathman Subject: SE -1141 Chris: 1 • • My apologies, but we will. be unable to meet you this morning as we had hoped and discussed yesterday. If you get a chance, I have attached the corrected plat and incorporated Jacqueline's requests, please review and advise should there be additional changes necessary. Thank you and have a great day. Jeremy J. King Project Manager CLS Group 609 S. Kelly Ave., Ste. D Edmond, OK 73003 Office: (405) 348-5460 Cell: (405) 413-4070 Fax: (405) 341-6334 www.clsgroup.com <http://console.mxlogic.com/redir/?b0Vxx4QsK6zAS00C_ssUCrOlmfEhzlJrBPt- LtdZ5VUQsEK6XCN4Hal45mfEhzlJrBPgbNEV7f3zgarlEVo76zAsyqejoUSc3ht55x4TfM- uOUSyrhdI IFLT78ECNC5coUwPM3Cb> CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential, may be privileged and should be read or retained only by the intended recipient. If you have received this transmission in error, please immediately notify the sender and delete it from your system. 2 • • CLSGr2up Billie Moore Weld County Colorado 918 10th Street Greely, CO 80631 Ms. Moore, Thank you in advance for your diligence while working with my local field representative, Darren Burch. I appreciate the friendly, helpful environment you have provided for my associate. In the essence of expediting our submittal and approval process we are asking for a special exception from the County of Weld. As you know, the CLS Group represents Open Range Communications in the endeavor of designing, building and implementing a wireless broadband network. Open Range works in accompaniment with the federal government with the end goal being the provisioning of wireless broadband access to your constituents. Since this is a federally funded project, time is of the essence in getting this system online. This is why we are asking for an expedition of services special exception consideration from your office. We will continue to work with you and those in your office to assure we can meet our aggressive timelines. Thank you in advance for your continued support and consideration. We truly appreciate the willingness you have shown to work with us and our client. Sincerely, John A. Montecalvo Director of Operations CLS Group 609 S Kelly Ste D Edmond, OK 73003 (405)348-5460 $ / / NO. 0963-07-4 RECORDED EXEMPTION 1-41 12 0 z -41 Z C4 co 41. cn 4.1 0 CC a. /2 a 4 44 01 HITION : 8 _ 2037 II / COUNTY ROAD RI } itt o Coal NC .can oso • • Page 1 of 3 Jacqueline Hatch From: Jacqueline Hatch Sent: Friday, July 31, 2009 11:42 AM To: 'Jeremy King' Cc: 'Darren' Subject: FW: Platteville Subdivision Exemption (SE -1141) Jeremy We have received the mylar for SE -1141 and have noted that all the items outlined in the previous email have not been addressed. Here is a list of the changes that need to be done to the plat. 1. the vicinity map — the minimum font is 8, the scale needs to be 1-2000 and please show the parcels 2. the map shall be larger and darker 3. the area where all the access and easements cross each other is confusing — I'm hoping that when it is enlarged that will be clearer if not maybe change the line classifications 4. please add the recording number to the existing 30' wide access easement Irya�ddition to the changes to the plat there are two remaining conditions that need to be met /. is #C that states that we need written evidence that the fire district is in support of the proposed access in regards to its width and weight capacity. The letter from the district previously submitted only addresses the f ncing on site. is #G evidence that the taxes are paid up to date. I will process your $11.00 check for recording so when the new mylar is submitted the recording fee will not be required. I also wanted to let you know that my last day with the County is today — please contact either Chris Gathman at c_gathman@co.weld.co.us or Kim Ogle at kogle(W,co.weld.co.us 970-353-6100 x3540 Thanks! Jacqueline From: Jacqueline Hatch Sent: Monday, July 20, 2009 11:00 AM To: 'Jeremy King' Cc: 'Darren ' Subject: RE: Platteville Subdivision Exemption (SE -1141) I can make it even easier. Here are a list of the changes that need to be done to the plat; 1. the Board of County Commissioners certificate needs to be removed. 2. the rest of the signature blocks need to be smaller in size (takes up too much room) 3. under the notes from Planning please add notes #6 through #10 4. the vicinity map — the minimum font is 8, the scale needs to be 1-2000 and please show the parcels 5. the map shall be larger and darker 6. the access needs to be labeled 'shared access for Lot A RE -2519 and SE LOT 1141 7. the area where all the access and easements cross each other is confusing — I'm hoping that when it is enlarged that will be clearer if not maybe change the line classifications 8. please add the recording number to the existing 30' wide access easement In addition to the changes to the plat there are two remaining conditions that need to be met 1. is #C that states that we need written evidence that the fire district is in support of the proposed access in regards to its width and weight capacity. The letter from the district previously submitted only addresses the 7/31/2009 • • Page 2 of 3 fencing on site. 2. is #G evidence that the taxes are paid up to date. I hope that helps. Let me know if you have any questions Jacqueline From: Jeremy King [mailto:jking@clsgroup.com] Sent: Monday, July 20, 2009 10:20 AM To: Jacqueline Hatch Cc: 'Darren ' Subject: RE: Platteville Subdivision Exemption (SE -1141) Importance: High Jacqueline: Darren and myself are working from other states...can I send you my UPS number and have them mailed? I'm in Oklahoma and I have Darren working in Arkansas. Please let me know what my options are to handle this remotely. Thank you again for everything. Jeremy J. King Project Manager CLS Group 609 S. Kelly Ave., Ste. D Edmond, OK 73003 Office: (405) 348-5460 Cell: (405) 413-4070 Fax: (405) 341-6334 From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Monday, July 20, 2009 11:12 AM To: Jeremy King; Darren Cc: Lin Dodge Subject: RE: Platteville Subdivision Exemption (SE -1141) Jeremy and Darren I have reviewed the paper plats and have a copy for you to pick up. They are currently in the Greeley office but I can have them at the Longmont office tomorrow am. Which office is easier? Please also keep in mind that the building permit can not be released until the SE -1141 is recorded. Thanks and let me know if you have any questions Jacqueline From: Jeremy King [mailto:jking@clsgroup.com] Sent: Monday, July 20, 2009 9:53 AM To: Jacqueline Hatch Subject: Platteville Subdivision Exemption (SE -1141) Jacqueline: Attached is the letter from the fire dept. as needed for the subdivision exemption. You may have this information already, but I wanted to forward this just in case. Have you had a chance to review the plat? Jeremy J. King Project Manager 7/31/2009 Page 3 of 3 CLS Group 609 S. Kelly Ave., Ste. D Edmond, OK 73003 Office: (405) 348-5460 Cell: (405) 413-4070 Fax: (405) 341-6334 7/31/2009 Platteville/Gilcrest Fire Protection District July 31, 2009 CLS Group 609 S. Kelly Suite D Edmond, OK 73003 Re: Final Approval To Whom It May Concern: CLS Group has made all the necessary changes I have required for the new radio tower site located at 12616 WCR 28. The approved plans have the date on the pdf file of 07/22/2009. If there are any questions please call me at the Platteville Fire Station. 970-785-2232 Sincerely, Russell Kissler Fire Prevention Tech. 303 Main Street, P.O. Box 407 • Platteville, CO 80651 • 970-785-2232 • Fax 970-785-0139 215 Main Street, P.O. Box 43 • Gilcrest, CO 80623 • 970-737-2966 • Fax 970-737-9006 1 • • Page 1 of 2 Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, July 20, 2009 11:00 AM To: 'Jeremy King' Cc: 'Darren ' Subject: RE: Platteville Subdivision Exemption {SE -1141) I can make it even easier. Here are a list of the changes that need to be done to the plat; I . the Board of County Commissioners certificate needs to be removed. 2. the rest of the signature blocks need to be smaller in size (takes up too much room) 3. under the notes from Planning please add notes #6 through #10 4. the vicinity map — the minimum font is 8, the scale needs to be 1-2000 and please show the parcels 5. the map shall be larger and darker 6. the access needs to be labeled 'shared access for Lot A RE -2519 and SE LOT 1141 7. the area where all the access and easements cross each other is confusing — I'm hoping that when it is enlarged that will be clearer if not maybe change the line classifications 8. please add the recording number to the existing 30' wide access easement In addition to the changes to the plat there are two remaining conditions that need to be met 1. is #C that states that we need written evidence that the fire district is in support of the proposed access in regards to its width and weight capacity. The letter from the district previously submitted only addresses the fencing on site. 2. is #G evidence that the taxes are paid up to date. I hope that helps. Let me know if you have any questions Jacqueline From: Jeremy King [mailto:jking@clsgroup.com] Sent: Monday, July 20, 2009 10:20 AM To: Jacqueline Hatch Cc: 'Darren ' Subject: RE: Platteville Subdivision Exemption (SE -1141) Importance: High Jacqueline: Darren and myself are working from other states...can I send you my UPS number and have them mailed? I'm in Oklahoma and I have Darren working in Arkansas. Please let me know what my options are to handle this remotely. Thank you again for everything. Jeremy J. King Project Manager CLS Group 609 S. Kelly Ave., Ste. t) Edmond, OK 73003 Office: (405) 348-5460 Cell: (405) 413-4070 Fax: (405) 341-6334 7/20/2009 s ti • • Page 2 of 2 From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Monday, July 20, 2009 11:12 AM To: Jeremy King; Darren Cc: Lin Dodge Subject: RE: Platteville Subdivision Exemption (SE -1141) Jeremy and Darren I have reviewed the paper plats and have a copy for you to pick up. They are currently in the Greeley office but I can have them at the Longmont office tomorrow am. Which office is easier? Please also keep in mind that the building permit can not be released until the SE -1141 is recorded. Thanks and let me know if you have any questions Jacqueline From: Jeremy King [mailto:jking@clsgroup.com] Sent: Monday, July 20, 2009 9:53 AM To: Jacqueline Hatch Subject: Platteville Subdivision Exemption (SE -1141) Jacqueline: Attached is the letter from the fire dept. as needed for the subdivision exemption. You may have this information already, but I wanted to forward this just in case. Have you had a chance to review the plat? Jeremy J. King Project Manager CLS Group 609 S. Kelly Ave., Ste. D Edmond, OK 73003 Office: (405) 348-5460 Cell: (405) 413-4070 Fax: (405) 341-6334 7/20/2009 4tEJILLE . QI�C P � RF *{ r Platteville/Gilcrest Fire Protection District qF p•yc July 20, 2009 CLS Group 609 S. Kelly Suite D Edmond, OK 73003 Re: Fence Approval Darren Burch, This letter is to approve the fences that are going around the radio towers being installed by your company within the Platteville/Gilcrest Fire District jurisdiction. The 12 foot wood fence is approved to be installed by your company. This is not a final approval of the entire project, just for the wood fence. If you have any questions please call me at the Platteville Fire Station. 970-785-2232. Sincerely, �/ f Russell Kissler Fire Prevention Tech. 303 Main Street, P.O. Box 407 • Platteville, CO 80651 • 970-785-2232 • Fax 970-785-0139 215 Main Street, P.O. Box 43 • Gilcrest, CO 80623 • 970-737-2966 • Fax 970-737-9006 UNION`PACIFIC 00. 345 Par1°n AO Jacqueline Hatch From: Sent: To: Subject: Yes Donald Carroll Friday, July 17, 2009 7:28 AM Jacqueline Hatch RE: se -1141 Original Message From: Jacqueline Hatch Sent: Thursday, July 16, 2009 2:53 PM To: Donald Carroll Subject: se -1141 Don, Quick question - in your referral for SE -1141 for level 3 communications you call out the right-of-way for CR 18 but they are off of CR 28... is it the same? What is the right-of- way for CR 28 just east of Hwy 85 and the RR. THANKS' ' | • � , S FIR CR EASEMENT CER ➢FCATE: I • i DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 jhatch@co.weld.co.us PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 COLORADO July 2, 2009 Jeremy King 609 South Kelly Street Suite D Edmond OK 73003 Subject: Subdivision Exemption (SE -1141) Dear Mr. King, The Department of Planning Services has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Subdivision Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit two (2) paper copies of your plat for review by the Department of Planning Services staff. Upon approval of the paper copies please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-150.1 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is an eleven (11) dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely c JacgLelinp Hatch-Dfou' ittard Planner III • • Page 1 of 1 Jacqueline Hatch From: Kim Ogle Sent: Monday, June 29, 2009 2:11 PM To: Jacqueline Hatch Subject: INQUIRY OF STATUS SE -1141 PLEASE MAIL COMMENTS TO: JEREMY KING 609 SOUTH KELLY STREET, SUITE D EDMOND, OK 73003 THE OTHER GUY WHO SUBMITTED THE APPLICATION IS NO LONGER WITH OPEN RANGE LAST DAY IS TOMORROW. JEREMY WILL BE TAKING OVER THIS CASE. KIM 6/30/2009 Page 1 of 2 Jacqueline Hatch From: Kristine Ranslem Sent: Tuesday, May 19, 2009 4:24 PM To: Jacqueline Hatch Subject: RE: se -1141 call kris with address FYI — he put down the wrong contact address for him on the application: Chris Staley 52 Eighty, LLC 332 E Columbia St Colorado Springs CO 80907 kxktl,vue RGtwsLew. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 From: Jacqueline Hatch Sent: Tuesday, May 19, 2009 10:28 AM To: Kristine Ranslem Subject: RE: se -1141 call kris with address Phone — 719-471-3365 chris staley From: Kristine Ranslem Sent: Tuesday, May 19, 2009 10:27 AM To: Jacqueline Hatch Subject: RE: se -1141 call kris with address Huh, well that's the same address I have too, but it was returned. If you can forward a number for Chris Staley I can give him a call thanks! K.rLsti,vue RdwsLew. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 From: Jacqueline Hatch Sent: Tuesday, May 19, 2009 10:24 AM To: Kristine Ranslem Subject: FW: se -1141 call kris with address 5/19/2009 • • Page 2 of 2 The address I show is 52 Eighty LLC 2186 S Holly St Denver CO 80222 From: Jacqueline Hatch Sent: Monday, May 18, 2009 2:10 PM To: Jacqueline Hatch Subject: se -1141 call kris with address 5/19/2009 • 111Ilk. COLORADO May 8, 2009 Level 3 Communications, LLC c/o Chris Staley 52 Eighty, LLC 2186 S Holly St Denver CO 80222 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Subject: SE -1141 - A Subdivision Exemption located on a parcel of land described as Lot A RE -2519 part NE4 of Section 31, T3N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your subdivision exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the subdivision exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, KittiA Jacqueline Hatch Planner • 0 CapitalLandServicesGiutip O sta>�y 332E ColumbiaSt Colorado Spi;<g, CO 80907 May 4, 2009 Weld County Planning and Zoning Attn: South Weld Building 4209 CR 24.5 Longmont, CO 80504 CLS cr_1 / - RE: Zoning Narrative — Subdivision Exemption Application for Antenna Tower, Parcel# 121131000053 Weld County Planning Department, The applicant, 52 Eighty, is seeking approval from Weld County to subdivide and develop an antenna tower with an overall height of 69' on parcel# 121131000053 located in Weld County. The use is permitted by right per Section 23-3-20 (U) in the A (Agricultural) zone district. The proposed commercial tower adheres to the provisions of Article IV, Division 9 of the Weld County Code. The applicant will also follow the subdivision exemption and platting guidelines set forth in Chapter 24, Article VIII of the Weld County Code. The tower is necessary for applicant to connect "backhaul" data from a rural wireless network into the existing Level 3 telecommunication facility located on the property. Tower will meet all FAA and FCC requirements. The following is important technical information for consideration by Weld County concerning the application and request for antenna tower use: 1. The Level 3 parcel is currently used for a major telecommunications facility (Level 3 POP). The request for a tower is an extension of that use, and is an extension of the fiber network that spans the world. Rural Colorado networks will connect to this hub using the tower as the access point. 2. This site is part of the request the government has put upon the applicants anchor tower tenant to provide 4G services to rural Colorado. 3. Tower is necessary for applicants anchor tenant to successfully launch the rural Northern Colorado market. Your review and consideration for approval of the following development application is greatly appreciated. Best Regards, Chris Staley CLS Group (Authorized Agent for 52 Eighty on behalf of Level 3 as owner) 719.471.3365 EXHIBIT A TO THE MASTER LEASE AGREEMENT SITE OPTION AND LEASE AGREEMENT This Site Option and Lease Agreement ("IS) is made and entered into as of the date the last party hereto executes this SLA as indicated below ("Effective Date") try and between LEVEL 3 COMMUNICATIONS, LLC, a Delaware limited liability company ("Landlord") and 52 EIGHTY, LLC, a Delaware limited liability company ('Tenant."), pursuant and subject to that certain Master Lease Agreement ("Agreement") Unless otherwise defined herein, all capitalized terms have t e meanings ascribed to them in the Agreement. NOW THEREFORE, in consideration of to be paid by Tenant to Landlord upon Tenant's execution of this Agreement, Landlord hereby grants to Tenant the exclusive right and option (the "Option") to lease the Premises in accordance with the terms and conditions set forth herein. I. Subject to the terms of any underlying documents through which Landlord has rights to the site, Landlord leases to Tenant a portion of the Site as follows: Premises Address: 12616, Weld County Road #28 Platteville, CO 80651 Premises Legal Description: See Attachment 1 Premises Size: 100 by 100 = 10 000 Total Square Feet together with the non-exclusive right for ingress and egress, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits and pipes over, under or along a right-of-way extending from the nearest public right-of-way to the Premises, the Premises and right-of-way for access being substantially as described in Attachment "1". 2. From the Effective Date of this SLA through and including the date which is nine (9) months after the Effective Date of this SLA (the "Option Period") Tenant and its agents, engineers, surveyors and other representatives shall have the right to enter upon the Premises to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Premises, to apply for and obtain all licenses and permits required for Tenant's use of the Premises from all applicable governmental or regulatory entities ("Governmental Approval"), and otherwise to do those things on or off the Premises that, in the reasonable opinion of Tenant, are necessary to determine the physical condition of the Premises, the September 17, 2001 1 environmental history of the Premises, Landlord's title to the Premises and the feasibility or suitability of the Premises for Tenant's Permitted Use, all at Tenant's expense. Tenant shall not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Premises, whether or not such defect or condition is disclosed by Tenant's inspection. If, in the sole and absolute opinion of Tenant, the Premises are not suitable for Tenant's intended use, or Tenant determines that the operation of a communications facility on or within the Premises would not be in Tenant's best interest, Tenant shall have the right at any time prior to the expiration of the Option Period to terminate this Lease by sending written notice of termination to Landlord. In the event of such termination, Landlord shall retain the Commitment Deposit as consideration for Tenant's right to terminate and neither Landlord nor Tenant shall have any further obligation or liability under this Lease except as otherwise provided herein. At Tenant's election, and upon Tenant's payment of an additional Lease Option Fee to Landlord prior to expiration of the Option Period, the Option Period may be further extended for one additional period of nine (9) months, and may be further extended by mutual agreement in writing. 3. Tenant has the right to install, maintain, replace, operate, upgrade and remove the Communications Facility described in the following specifications and at the following locations, subject to all limitations and obligations set forth in the Agreement: 4. The initial Fee due and payable by Tenant to Landlord is: OM The Fee for the Premises will be adjusted anniversary date of the SLA Commencement Date by an amount equal to Sof the annual Fee for the previous year. 5. Subject to any underlying agreements, the SLA Initial Term is ten (10) years commencing on the SLA Commencement Date and Tenant will have three (3) consecutive SLA Renewal Terms of five (5) years each. The SLA Commencement Date is the earlier of (i) the first day of the calendar month of commencement of construction or installation of the Communications Facility or (ii) ninety (90) days from the Effective Date of this SLA. For purposes of this SLA, the Permitted Activities described in Section 4 of the Agreement will not constitute the commencement of construction or installation of the Communications Facility. 6. If applicable, the parties acknowledge that Landlord's rights of access to the Site and Premises derive from a certain agreement dated between and hereafter referred to as the "Easement" and is attached hereto as Attachment "2" to this SLA. 7. The consent of any third part under the Easement to this SLA is [check as applicable]: X NOT required. required and such third party's consent is attached hereto as Attachment "3" to this SLA. September 17, 2001 2 8. This SLA is for discussion purposes only and does not constitute a formal offer by either party. This SLA is not and will not be binding on either party unless and until it is full executed by both parties. 52 EIGHTY, LLC By: Name: Title: Rdiii- Date: 3- /V. oq lor��tl September 17, 2001 3 LEVEL 3 C ATIONS, LLC By: Name: JASON/ C R6&b Title: VP KEAL ESTATE, Date: 3 -i6 -o9 Attachment "1" to the SLA Legal Description of Site/Premises And applicable Right of Way PT NE4 31-3-66 LOT A REC EXEMPT RE -2519 (.10R), PARCEL #: 121131000053, ACCOUNT #: R8083200 ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF WELD COUNTY, COLORADO. Description & Drawing of Premises And applicable Right of Way SEE ATTACHED September 17, 2001 4 Additteu to Attoebweit "I" to the SLA - Deuaiption R Drawing of Premises and applicable Ri$trt of Way: September 17, 7.1101 5 • ...MOW.AWN" .Ac:..r7i r n..w, pS:T. ... • • FIELD CHECK Inspection Date: 7 16h APPLICANT: Level 3 Communications do 52 Eighty LLC Chris Staley CASE # : SE -1141 REQUEST: Subdivision of Exemption for a public utility LEGAL: Lot A RE -2519 pt NE4 of Section 31, T3N, R66W of the 6th P.M., Weld County, CO. LOCATION: South of and adjacent to CR 28 and approximately 1/2 mile east of State Highway 85. PARCEL ID #: 1211 31 000053 ACRES: 5 +/- acres Zoning and Use N Agricultural N E Agricultural E S Agricultural S W Agricultural W Comments: ❑ House(s) o Outbuilding(s) o Access to Property ❑ Crop Productions ❑ Site Distance ❑ Mobile Home(s) o Other Animals On -Site o Water Bodies ❑ Ditch (: Y -b )T, i / t/" tar" o Derelict Vehicles o Non-commercial junkyard (list components) o Irrigation Sprinkler ❑ Crops o Wetlands o Oil & Gas Structures ❑ Wildlife o Utilities On -Site (transmission lines) o Topography Note any commercial business/commercial vehicles that are operating from the site. NN11111.111111.1 = �P5 SITE MYC R ORCI $' 3 IllY Fx, e45S'_ 2FF 9 � 38 USKER URVEY1, en, Im =y�P �p�o ', -�;� co , 'W4- ETEVILLE LEVEL 3 61s a Q sJ o Ci wp ry 3 i ijr g yyE 1. ,[£C VV60� 3pAtlG SA: 3 O, p,,iE ,6. Gy Q 4$L°4 i 0 p [: C [ s SE S zE R I a t , �n3 E p 8y a'r s O a O rgy aF 6 s NN e 5 e ` e o n ® (G''''''I n Y � _ _ o _ Y _JJ i -.µP43 aE c> taw CCE- Pte' r E --w� -! sfig • H 09,0s Y SM1Sp9 I E r w ! A II Z big O— i • a, 8 i Se 0 a • C $Ie 0 v2 s=$ And. mwu Ss tio F$ iiaeeBil®O-h••FIB®saH gas' F F ,a1$l ail i,iad. Yo s ®4pgg0211 3 I VIII z€$, Fgg • - 4as $ II. e;•-• - IIII _ s a i r gl; 'z, $ N 9 , • q`• wa � Q a h! i ,, 3 3.Q$a li r� E ` $1 31L �lh€ill f i ottl AfleAf ??e5ga�b$ EMe d:fh::'c t.n L.. 3 e 0 • O o x 5i ap i U S p r n y 3i d »: r• 'st ar�zg 'saey e 3a •= a i i E ifll 1"11 s Hi! 1111i0 iii! _ sit 9in$hiea9'ffthasitilflaggitihahlri EP .. I s N� 4 is s a@ 011 go 1211-31-I-RE2519 ?'tot's hiDe COLORADO APPLICATION FLOW SHEET APPLICANT: Level 3 Communications c/o 52 Eighty LLC Chris Staley CASE # : SE -1141 REQUEST: Subdivision of Exemption for a public utility LEGAL: Lot A RE -2519 pt NE4 of Section 31, T3N, R66W of the 6th P.M., Weld County, CO. LOCATION: South of and adjacent to CR 28 and approximately 1/2 mile east of State Highway 85. PARCEL ID #: 1211 31 000053 ACRES: 5 +/- acres Date By Application Received 5/7/09 jh Application Completed 5/7/09 JH Referrals listed 5/7/09 JH Design Review Meeting (PUD) File assembled Sigib ( _1(L. Letter to applicant mailed 51 gib); ( 1. Vicinity map prepared 5/7/09 JH Referrals mailed Glom nn jc-t� Chaindexed 0 f-Ki Field check by DPS staff 7th o, ry-i Administrative Review decision: Pi/j& 117 I 01 --7114L County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed q' ilICT 807)1 Overlay Districts Zoning Agricultural - MUD Yes No_X_ IGA Yes No_X_ Ord. Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes No_X_ Panel #080266 C Road Impact Area WELD Signature: Owner or Authorized Agent beget -RN, gent eif4 i E Date Legal Description PT NE4 31-3-66 LOT A REC EXEMPT RE -2519 (.1OR) SUBDIVISION EXEMPTION (SE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: TYPE OF EXEMPTION REQUESTED (check one) ❑ Property line adjustment Used with Recorded Exemption ❑ Financing Purposes Public Utility Facility Parcel Number 3j_0-0_42°3-3 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessors Office, or wkw.co.weld.co.us). Section o.3, Township 4 1.I, North, Range3I West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes X No FEE OWNER(S) OF THE PROPERTY: Name: LEY BL 3 Conis19Uflica+ion$/ LLc- Work Phone #7Za -388 -7og 9 Home Phone # Email Address Address: / 0.2 S EaJdorotdo E (Yd City/State/Zip Code Br001111 iea/ CotercLao D0a( NQ.re,k . w,(k(lWO. Coln APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed byAuthorized Agent) Name: S.2 Eight y LG c/c !✓ h S Sf Cd Work Phone # T '7.471,:#365 Home Phone # !! Email Address / Cst`It1y c�S��y Address: .21 2 (O 5• / City/State/Zip Code tenter/ (_db(orcLea Boaaa I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of properly must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporations the fee owner, notarized evidence must be included showing the has to legal authority to sign for the oration. I (we), the undersigned hereby request the Department of ervices to review this Subdivisior}.z mption on the above described unincorporated area of Weld County. Level 3 y-30'05. atGe: Owner ?Authorized Agent Date DICE Vet f;l)en)T, ?EFT[_ ESTATE C.v "6-`- 3 -4- ZONING AUTHORIZATION I, Ta&oj C. Reed of Level 3 Communications, LLC hereby authorize 52 Eighty, LLC as an authorized agent of owner to file application for zoning development on Parcel # 12131000053 located in Weld County Colorado. Chris Staley will be the agent filing application on behalf of 52 Eighty (Applicant) and Level 3 Communications (Owner). AFFIDAVIT VERIFYING COMPANY SIGNING AUTHORITY I CERTIFY that on the 50th day of Age v1 2009, TOlsovl C • IQe e() of Level 3 MAKE OATH AND SAY: 1. That I am an officer or director of Level 3 Communications, LLC, named in the within or annexed instrument. 2. I am authorized by ttompany to execute the instrument without affixing a corporate seal. SIGNED: GRETCHEN CLIFTON NOTARY PUBLIC STATE OF COLORADO My Commission €xpiresgo9 qsa uoV L� ��kft .. NArl' Public My Commission Expires:'�Le- 72/ 1- Mr/ Accela Automation: GetPerSeJ - 8150-S • Page 1 of 5 SmartManager d County, Colorado Application Application - Summary Property People User ID: MATCH Fees Cashier Application Type: Building / Utility / Other / New Application: BC -9901085 Owner Name: LEVEL 3 COMMUNICATIONS Address: 12616 WCR 28, Weld County, CO Menu I Favorites i Help I Logout Submit Application Status: Finaled Parcel No.: 121131000053 File Date: 11/24/1999 Description of Work: 2 DOH MODULAR BLDGS ON CONCRETE SLAB - FOR FIBER OPTIC REGENERATION SI WITH A CONCRETE JPPAD IN A FENCED ENCLOSURE. THIS HAS NO WATER OR SEWE SERVICE ADDED - SKM Application Spec Info.: GENERAL PERMIT INFO Location Description: Application Accepted At: File Location: Permit Due Date: Jurisdiction of Permit: Disaster: Is Property Vacant?: If Yes, How Long?: # of Homes on Property: # of Mobile Homes on Property: Inspection Area: Setbacks Per Application - North: Setbacks Per Application - South: Setbacks Per Application - East: Setbacks Per Application - West: Minimum Req. Zoning Setbacks - North: Minimum Req. Zoning Setbacks - South: Minimum Req. Zoning Setbacks - East: Minimum Req. Zoning Setbacks - West: GENERAL ZONING INFO Zone District: Subdivision/Unincorp Town: NEW CONSTRUCTION INFO Air Conditioning Included: Fire Sprinkler: Building Height: # of Stories: Main Level: 2nd Level: Total Square Feet: Foundation Type 1: Square Feet Type 1: Foundation Type 2: Square Feet Type 2: Missile Site https://accela-web.co.weld.co.us/operations/permit/index.cfin?FUSEACTION=GetPerSet25... 7/7/2009 Accela Automation: GetPerSell9 - 8150-S • Page 2 of 5 Foundation Type 3: Square Feet Type 3: Total Foundation Square Feet: Total Electrical Job Value: Total Electrical Square Feet: Construction Meter: # of Bathrooms - Full: # of Bathrooms - 3/4: # of Bathrooms - 1/2: Basement Plumbing: Total Covered Patio: Total Uncovered Patio: Total Covered Deck: Total Uncovered Deck: Total Porch: Total Garage: Total Carport: Stormwater Drainage Fee Area: Total Stormwater Drainage Fee Calculation: UTILITY INFO Type of Sewer: Name of Sewer Provider: Septic Permit #: Septic Permit Issue Date: Septic Permit Final Date: Type of Water: Name of Water Provider: If Private: Permit #, If Well or Cistern: Type of Heating: Type of Heating - Other: Name of Heating Provider: Name of Electrical Provider: Name of Electrical Provider - Other: Size of Service: EXPIRATION INFO Expiration Date: Exp Manual Override: Extension Granted?: Original Expiration Date: Expiration Letter Sent Date: Base Information #BIdgs: #Units: App Type: Applied: Building App: Cert of Occ: Class Code: Init: Insp Area: Issued: Location: Occupancy: Permit Exp: Plan Ck Exp: Sec/Twn/Rng: Status: Type of Const: Use (BEMP): 1 1 OTH 11/12/1999 12/13/1999 11/22/2000 328 LMD JBTP 12/15/1999 12616 WCR 28 F-1 06/12/2000 05/10/2000 31 03 66 FINAL VN BE https://accela-web.co.weld.co.us/operations/permit/index.Cth ?FUSEACTION=GetPerSet25... 7/7/2009 Accela Automation: GetPerSellip - 8150-S • Page 3 of 5 Valuation: Written By: Zoning: 119000 RLB 12/02/1999 Building Description 01 -Legal Description 1: PT E2 31-3-66 LOT A 02 -Legal Description 2: AMD REC EXEMPT RE -68 03 -Legal Description 3: (3.20PONOS1.29R20D4 04-Section/Township/Range: 31 03 66 05 -Census Tract: 18 06 -Dist from Lot Lines - N: 174 07 -Dist from Lot Lines - 5: 678 08 -Dist from Lot Lines - E: 80 09 -Dist from Lot Lines - W: 18 11 -Required Zoning Setbacks - N: 50 12 -Required Zoning Setbacks - 5: 5 13 -Required Zoning Setbacks - E: 5 14 -Required Zoning Setbacks - W: 30 15 -Building Height (ft): 0 18 -Garage Carport Size 1 (Length or Width): 0 19 -Garage Carport Size 2 (Length or Width): 0 20 -Number Bedrooms: 0 21 -Bathrooms Full: 0 22 -Bathrooms 1/2: 0 23 -Bathrooms 3/4: 0 24 -Fireplace Masonry: 0 25 -Fireplace Clearance: 0 26 -Fireplace Gas Log: 0 27 -1st Patio Size 1 (Length or Width): 0 28 -1st Patio Size 2 (Length or Width): 0 29 -2nd Patio Size 1 (Length or Width): 0 30 -2nd Patio Size 2 (Length or Width): 0 32 -1st Deck Size 1 (Length or Width): 0 33 -1st Deck Size 2 (Length or Width): 0 34 -2nd Deck Size 1 (Length or Width): 0 35 -2nd Deck Size 2 (Length or Width): 0 37 -Plot Plan Filed: Y Utility Information 12 -Electrical Service Size (amps): 0 Zoning Information 03 -Legal Description (1): 04 -Legal Description (2): 05 -Legal Description (3): 08 -Zoning Date: 09 -Verified By: 10 -Setbacks Required N: 11 -Setbacks Required 5: 12 -Setbacks Required E: 13 -Setbacks Required W: 14-Sec/Twn/Rng: 15 -Notes 1: 17 -Zoning Dist: 18 -Building Height (ft): 19 -Acres: 20 -Legal Lot: 21 -Prior to Zoning: 22 -Prior to Zoning Year: 23-> 80 Acres: 24-Rec Exemption: 25 -RE Permit: 26 -RE Conditions: PT E2 31-3-66 LOT A AMD REC EXEMPT RE -68 (3.20PONDS1.29R20D4 12/02/1999 LMD 50 5 5 30 31 03 66 N SETBACK FROM CENTER OF Rt AGRICULTURAL 0 5 Yes No 0 No Yes 2519 Conditions Met https://accela-web.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=GetPerSet25... 7/7/2009 Accela Automation: GetPerSellp - 8150-S • Page 4 of 5 27 -Sub Exemption: 28 -SE Permit: 29 -SE Conditions: 30 -Use Special Review: 31-USR Permit: 32-USR Conditions: 33 -Planned Unit Development: 34-PUD Permit: 35-PUD Conditions: 36 -Subdivision: 37 -Subdivision Permit: 38 -Subdivision Conditions: 39 -Change of Zone: 40 -Change of Zone Permit: 41 -Change of Zone Condition: 42 -Site Plan Review: 43 -Site Plan Review Permit: 44 -Site Plan Review Conditions: 45 -Board of Adjustment: 46 -Board of Adjustment Permit: 47 -Board of Adjustment Conditions: 48 -Non -Conforming Use: 49 -Non -Conforming Use Permit: 50 -Non -Conforming Use Conditions: 51 -Flood Hazard Dev: 52 -Flood Hazard Dev Permit: 53 -Flood Hazard Dev Conditions: 54 -Geological Hazard: 55 -Geological Hazard Permit: 56 -Geological Hazard Conditions: 57 -Manufactured Home: 58 -Manufactured Home Permit: 59 -Manufactured Home Conditions: 60-FHEC: 61 -Violation: 62 -Violation Permit: 63 -Violation Conditions: Application Detail: Detail Application Comments: Comments Contact Info: Name Job Value: Total Fee Assessed: Total Fee Invoiced: Balance: Workflow Status: No 0 0 No 0 0 No 0 0 No 0 0 No 0 0 No 0 0 No 0 0 No 0 0 No 0 0 No 0 0 No 0 0 No No 0 0 Organization Contact Type Relationship Address Name NORTHERN NORTHERN LINE Applicant LINE LAYERS INC LAYERS INC $119,000.00 $1,118.25 $1,118.25 $0.00 Task Application Submittal Plans Examiner Review Septic Permit Planner Review Zoning Review Public Works Status In Review 6780 TRAI Status Date 11/24/1999 https://accela-web.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=GetPerSet25... 7/7/2009 Accela Automation: GetPerSetap - 8150-S • Page 5 of 5 Special Fees Approved to Issue Inspections Extension Archived Condition Name HIST Condition Status: HST HIST HIST Status Apply Date Applied 11/02/2000 I` Applied 04/19/2000 N Applied 12/13/1999 F Applied 12/13/1999 N https://accela-web.co.weld.co.us/operations/permit/index. cfin?FUSEACTION=GetPerSet25... 7/7/2009 Accela Automation: GetPerSet• - 8150-S • Page 1 of 5 Weld County, Colorado SmartManager Application Application - Summary Property People User ID: JHATCH Fees Application Type: Building / Commercial / General / New Application: BC -0100167 Owner Name: LEVEL 3 COMMUNICATIONS Address: 12616 WCR 28, Weld County, CO Menu Favorites Help Logout 4 Application Status: Finaled Parcel No.: 121131000053 File Date: 03/01/2001 Description of Work: 2 - 420 SF PREFAB MODULAR EQUIPMENT SHELTERS (#3 & 4) ON EXISTING CONCRE REGENERATION SITE - INCLUDES ELECTRICAL REF BC -9901085 FOR SLAB Application Spec Info.: GENERAL PERMIT INFO Location Description: Application Accepted At: File Location: Permit Due Date: Jurisdiction of Permit: Disaster: Is Property Vacant: If Yes, How Long?: # of Homes on Property: # of Mobile Homes on Property: Inspection Area: RIF Area: Setbacks Per Application - North: Setbacks Per Application - South: Setbacks Per Application - East: Setbacks Per Application - West: Minimum Req. Zoning Setbacks - North: Minimum Req. Zoning Setbacks - South: Minimum Req. Zoning Setbacks - East: Minimum Req. Zoning Setbacks - West: GENERAL ZONING INFO Zone District: Subdivision/Unincorp Town: NEW CONSTRUCTION INFO Air Conditioning Included: Lawn Sprinkler: Fire Sprinkler: Commercial Checklist Complete: Building Height: # of Stories: Main Level: 2nd Level: 3rd Level: 4th Level: Total Square Feet: Missile Site https://accela-web.co.weld.co.us/operations/permit/index.cfm? FU S EACTI ON=GetPerSet25... 7/7/2009 Accela Automation: GetPerSete - 8150-S • Page 2 of 5 Foundation Type 1: Square Feet Type 1: Foundation Type 2: Square Feet Type 2: Foundation Type 3: Square Feet Type 3: Total Foundation Square Feet: Total Electrical Job Value: Total Electrical Sqaure Feet: Construction Meter: # of Bedrooms: # of Bathrooms - Full: # of Bathrooms - 3/4: # of Bathrooms - 1/2: Basement Plumbing: # of Fireplaces: 0 -Clearance: # of Fireplaces: Masonry: # of Fireplaces: Gas: Total Covered Patio: Total Uncovered Patio: Total Covered Deck: Total Uncovered Deck: Total Garage: Total Carport: Total Porch: Stormwater Drainage Fee Area: Total Stormwater Drainage Fee Calculation: UTILITY INFO Type of Sewer: Name of Sewer Provider: Septic Permit #: Septic Permit Issue Date: Septic Permit Final Date: Type of Water: Name of Water Provider: If Private: Permit #, if Well or Cistern: Type of Heating: Type of Heating - Other: Name of Heating Provider: Name of Electrical Provider: Name of Electrical Provider - Other: Size of Service: EXPIRATION INFO Expiration Date: Exp Manual Override: Extension Granted?: Original Expiration Date: Expiration Letter Sent Date: Base Information #Bldgs: *Units: App Type: Applied: Building App: Cert of Occ: Class Code: Init: Insp Area: Issued: 2 2 CNEW 03/01/2001 03/14/2001 08/07/2001 325 LMD JBBT 03/16/2001 https://accela-web.co.weld.co.us/operations/permit/index.cfin?FUSEACTION=GetPerSet25... 7/7/2009 Accela Automation: GetPerSete - 8150-S • Page 3 of 5 Location: Occupancy: Permit Exp: Plan Ck Exp: Pub Own: Sec/Twn/Rng: Status: Type of Const: Use (BEMP): Valuation: Written By: Zoning: 12616 CR 28 B 09/12/2001 08/28/2001 N 31 03 66 FINAL VN BE 282800 P)G 03/08/2001 Building Description 04-Section/Township/ Range: 31 03 66 05 -Census Tract: 18 06 -Dist from Lot Lines - N: 0 07 -Dist from Lot Lines - 5: 0 08 -Dist from Lot Lines - E: 0 09 -Dist from Lot Lines - W: 0 11 -Required Zoning Setbacks - N: 0 12 -Required Zoning Setbacks - 5: 0 13 -Required Zoning Setbacks - E: 0 14 -Required Zoning Setbacks - W: 0 15 -Building Height (ft): 0 18 -Garage Carport Size 1 (Length or Width): 0 19 -Garage Carport Size 2 (Length or Width): 0 20 -Number Bedrooms: 0 21 -Bathrooms Full: 0 22 -Bathrooms 1/2: 0 23 -Bathrooms 3/4: 0 24 -Fireplace Masonry: 0 25 -Fireplace Clearance: 0 26 -Fireplace Gas Log: 0 27 -1st Patio Size 1 (Length or Width): 0 28 -1st Patio Size 2 (Length or Width): 0 29 -2nd Patio Size 1 (Length or Width): 0 30 -2nd Patio Size 2 (Length or Width): 0 31 -Patio Covered: N 32 -1st Deck Size 1 (Length or Width): 0 33 -1st Deck Size 2 (Length or Width): 0 34 -2nd Deck Size 1 (Length or Width): 0 35 -2nd Deck Size 2 (Length or Width): 0 36 -Deck Covered: N 37 -Plot Plan Filed: Y 38-Eng Foundation Required: N Utility Information 01 -Sewage Disposal Public (Y/N): N 03 -Sewage Disposal Private (Y/N): N 07 -Water Supply Public (Y/N): N 09 -Water Supply Private (Y/N): N 11 -Electrical Service Utility Name: UNITED POWER 12 -Electrical Service Size (amps): 0 13 -Electrical Service Calculations (Y/N): N 14 -Heating Natural Gas (Y/N): N 16 -Heating Propane (Y/N): N 18 -Heating Electric (Y/N): N Zoning Information 06 -Legal Description: 08 -Zoning Date: 09 -Verified By: PT NE4 31-3-66 LOT A REC EXEI 03/08/2001 LMD https://accela-web. co.weld. co.us/operations/permit/index. cfm?FUSEACTION=GetPerSet25... 7/7/2009 Accela Automation: GetPerSets - 8150-S • Page 4 of 5 10 -Setbacks Required N: 0 11 -Setbacks Required 5: 0 12 -Setbacks Required E: 0 13 -Setbacks Required W: 0 14-Sec/Twn/Rng: 31 03 66 15 -Notes 1: SETBACKS DO NOT APPLY - 16 -Notes 2: EXISTING CONCRETE SLAB 17 -Zoning Dist: AGRICULTURAL 18 -Building Height (ft): 0 19 -Acres: 4.9 20 -Legal Lot: Yes 21 -Prior to Zoning: No 22 -Prior to Zoning Year: 0 23-> 80 Acres: No 24-Rec Exemption: Yes 25 -RE Permit: 2519 26 -RE Conditions: Conditions Met 27 -Sub Exemption: No 28 -SE Permit: 0 29 -SE Conditions: 0 30 -Use Special Review: No 31-USR Permit: 0 32-USR Conditions: 0 33 -Planned Unit Development: No 34-PUD Permit: 0 35-PUD Conditions: 0 36 -Subdivision: No 37 -Subdivision Permit: 0 38 -Subdivision Conditions: 0 39 -Change of Zone: No 40 -Change of Zone Permit: 0 41 -Change of Zone Condition: 0 42 -Site Plan Review: No 43 -Site Plan Review Permit: 0 44 -Site Plan Review Conditions: 0 45 -Board of Adjustment: No 46 -Board of Adjustment Permit: 0 47 -Board of Adjustment Conditions: 0 48 -Non -Conforming Use: No 49 -Non -Conforming Use Permit: 0 50 -Non -Conforming Use Conditions: 0 51 -Flood Hazard Dev: No 52 -Flood Hazard Dev Permit: 0 53 -Flood Hazard Dev Conditions: 0 54 -Geological Hazard: No 55 -Geological Hazard Permit: 0 56 -Geological Hazard Conditions: 0 57 -Manufactured Home: No 58 -Manufactured Home Permit: 0 59 -Manufactured Home Conditions: 0 60-FHEC: No 62 -Violation: No 63 -Violation Permit: 0 64 -Violation Conditions: 0 Application Detail: Detail Application Comments: Comments Contact Info: Name Organization Contact Type Relationship Address Name GREGORY GREGORY ED Applicant PO BOX 2? ED https://accela-web.co.weld.co.us/operations/permit/index. cfin?FUSEACTION=GetPerSet25... 7/7/2009 Accela Automation: GetPerSete - 8150-S • Page 5 of 5 Job Value: Total Fee Assessed: Total Fee Invoiced: Balance: Workflow Status: Condition Status: GILBERT GILBERT COMPANIES CONTRACTOR COMPANIES EC EC COMPANY COMPANY $282,800.00 $3,449.71 $3,449.71 $0.00 Task Application Submittal Plans Examiner Review Septic Permit Planner Review Zoniin.g Review Public Works Special Fees Apprpved to Issue SpecialFees...Appeal Inspections Extension Archived Condition Name HIST HIST HIST HIST Electrical Contr Status Applied Applied Applied Applied Status 2451 PICA 2121 NW 1 Status Date Apply Date 01/23/2002 03/14/2001 03/14/2001 03/01/2001 https://accela-web.co.weld.co.us/operations/permit/index.cfn?FUSEACTION=GetPerSet25... 7/7/2009 Accela Automation: GetPerSet250 - 8150-S Page 1 of 3 SmartManager sId County, Colorado Application Application - Summary Property People User ID: LDODGE Fees Cashier Application Type: Building / Commercial / General / New Application: BCR09-00519 Owner Name: LEVEL 3 COMMUNICATIONS LLC Address: 12616 CR 28, CO Subinit Menu I Favorites I Help I I Application Status: Finaled Parcel No.: 121131000053-R8083200 File Date: 07/13/2009 Description of Work: 69'SELF SUPPORTING COMMUNICATION TOWER WITH 3 OPEN RANGE COMI PLATTEVILLE #2 TOWER SITE - SE -1141 - 7/15/09 - ZONE HOLD PER JAX - CHRIS (LIN) Application Spec Info.: GENERAL PERMIT INFO Location Description: Application Accepted At: North File Location: North Permit Due Date: 08/10/2009 Jurisdiction of Permit: Weld Disaster: Is Property Vacant: Yes If Yes, How Long?: # of Homes on Property: # of Mobile Homes on Property: Inspection Area: B1E1 RIF Area: Setbacks Per Application - North: 622 Setbacks Per Application - South: 140 Setbacks Per Application - East: 154 Setbacks Per Application - West: 140 Minimum Req. Zoning Setbacks - North: Minimum Req. Zoning Setbacks - South: Minimum Req. Zoning Setbacks - East: Minimum Req. Zoning Setbacks - West: GENERAL ZONING INFO Zone District: Subdivision/Unincorp Town: NEW CONSTRUCTION INFO Air Conditioning Included: Lawn Sprinkler: Fire Sprinkler: Commercial Checklist Complete: Building Height: # of Stories: Main Level: 2nd Level: 3rd Level: 4th Level: No No No No 70 https://accela-web.co.weld.co. us/operations/permit/index. cfm?FUSEACTI... 01/22/2010 Weld County Treasurer Statement of Taxes Due Account Number R8083200 Parcel 121131000053 Legal Description PT NE4 31-3-66 LOT A REC EXEMPT RE -2519 (.10R) Situs Address Account: R8083200 LEVEL 3 COMMUNICATIONS LLC 1025 ELDORADO BLVD BROOMFIELD, CO 80021 c on+ Year Charges Billed Payments Balance Grand Total Due as of 07/20/2009 $0.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 1400 N 17th Ave, Greeley CO 80631 (970) 353-3845 ext. 3290 Weld County Treasurer Prusuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the current status as of this date of all property taxes, special assessments and prior tax liens attached to this (these) account(s). Sunf �rs ,rme-ham Current year's taxes are duets not delinquent. Signed: Date: • • • Weld County Treasures Statement of Taxes Due Account Number R8083200 Assessed To Pared 121131000053 LEVEL 3 COMMUNICATIONS LLC 1025 ELDORADO BLVD BROOMFIEID, CO 80021 Legal Description PT NM 31-3-66 LOT A REC EXEMPT RE -2519 (.10R) Sims Address Year Charges BIOS Payments Balance Grand Total Due as of 04/08/2009 $0.00 AU. TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer P.O. Bar 458, Greeley CO 80632 1400 N 17th Ave, Greeley CO 80631 (970) 353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Sign Date Identify Results • • Page 1 of 1 Account#: R8083200 44 WELD COUNTY ASSESSOR PROPERTY PROFILE Tax Area: 2193 Bordering County: Acres: 0 Township Range Section Quart. Sec. 03-66-31-0 • Owners Name & Address: LEVEL 3 COMMUNICATIONS LLC 1025 ELDORADO BLVD BROOMFIELD, CO 80021 Business/Complex: Sale Date 10/6/1999 Sale Price $50,000 Parcel#: 121131000053 Subdivison Name Block# Lot# Property Address: Street: WELD City: WELD Sales Summary Deed Type WD Legal Descri tP ion Reception # 2725217 PT NE4 31-3-66 LOT A REC EXEMPT RE -2519 (.10R) Land Type Exempt Land Subtotal: Abst Code 8900 Land Valuation Summary Unit of Number of Measure Units Acres 0 Actual Value 0 $0 No Buildings on Parcel Assessed Value $0 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin... 1/22/2010 Identify Results • • Page 1 of 1 Account#: R8083200 Tax Area: 2193 Acres: 0 WELD COUNTY ASSESSOR PROPERTY PROFILE Bordering County: Parcel#: 121131000053 faaixa Township Range Section Quart. Sec. Subdivison Name Block# Lot# 03-66-31-0 -- 'Moe1na.. ;,A;.+.,.v,,se,ns.,41». 0 - ;,, ,:}: t t- a„o,xita mf,. ,s, age 16-F, -,W,,, Owners Name & Address: LEVEL 3 COMMUNICATIONS LLC 1025 ELDORADO BLVD BROOMFIELD, CO 80021 Business/Complex: Sale Date Sale Price 10/6/1999 $50,000 Property Address: Street: City: Sales Summary Deed Type WD Legal Description Reception # 2725217 PT NE4 31-3-66 LOT A REC EXEMPT RE -2519 (.10R) Land Type Exempt Land Subtotal: Abst Code 8900 Land Valuation Summary Unit of Number of Measure Units Acres 0 Actual Value 0 so No Buildings on Parcel Assessed Value $0 http://maps2.merriek.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=121131... 5/7/2009 Name: Level 3 Communicalt REFERRAL LIST • Case #: SE -1141 County Towns & Cities _Attorney Ault x Health Department _Berthoud _Extension Office _Brighton _Emergency Mgt Office - Ed Herring Dacono _Sheriffs Office _Eaton x Public Works _Erie _Housing Authority _Evans _Airport Authority _Firestone Building Inspection _Fort Lupton _Code Compliance _ Ann _ Beth _Frederick _ Kim Ogle (Landscape Plans) _Garden City _Lin (Addressing Change of Zone) Gilcrest Ambulance Services _Greeley Grover State _Hudson _Div. of Water Resources _Johnstown Geological Survey _Keenesburg Department of Health _Kersey _Department of Transportation _LaSalle _Historical Society _Lochbuie _Water Conservation Board _Longmont _Oil & Gas Conservation Commission _Mead Milliken Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce Platteville Severance Thornton Windsor Soil Conservation Districts Big Thompson/ FTC _Boulder Valley/Longmont _Brighton/SE Weld Centennial Greeley/West Greeley _Platte Valley West Adams Little Thompson Federal Government Agencies US Army Corps of Engrs _USDA -APHIS Vet Service _Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Counties Adams Boulder Broomfield Larimer Other _School District RE - _Central Cob. Water Conservancy RR _Ditch Company _Art Elmquist (MUD Area) Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 _Poudre Valley F-15 Raymer F-2 _Southeast Weld F-16 _Union Colony F-20 _Wiggins F-18 Windsor/Severance F- _ Commissioner / 3 COi.cA,_uf-(L , REFERRAL LIST Name:"2 C (° J2 rt3tj Cui_ Count Towns & Cities Attorney _Ault DCyealth Department _Berthoud _Extension Office Brighton _Emergency Mgt Office - Ed Herring _Dacono Sheriffs Office _Eaton Public Works _Erie Housing Authority _Evans _Airport Authority _Firestone Building Inspection _Fort Lupton _Code Compliance _S. -Beth N -Ann Frederick _ Kim Ogle (Landscape Plans) _Garden City Lin (Addressing Change of Zone) _Gilcrest Ambulance Services _Greeley _Grover State _Hudson Div. _ of Water Resources _Johnstown Geological Survey _Keenesburg _Department of Health _Kersey _Department of Transportation _LaSalle _ Society _Historical Lochbuie Water Conservation Board _Longmont _Oil & Gas Conservation Commission _Mead _Milliken Division of Wildlife New Rayner _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld __Centennial Counties _Greeley/West Greeley Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs _School District RE- _ _USDA -APHIS Vet Service _Central Colo. Water Conservancy Dist Federal Aviation Admin (Structures RR over 200 ft or w/in 20000 ft of Pub _Ditch Company, Airport _Art Elmquist (MUD Area) _Federal Communications Comm _ Commissioner • Case #: j — Fire Districts Ault F-1 Berthoud F-2 Briggsdale F-24 Brighton F-3 Eaton F-4 _Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 Poudre Valley F-15 _Raymer F-2 Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Legal I-tirA r -ZZf y fr 4/O1 3I -3_ 1 Parcel ID # 12 -It Si A c S Zone yc Acres? -C USDA Airport fv Geo Haz rd FP? py Panel# IGA? it ORD # MUD? N1 COLORADO t(fct MAY 1 1 2009 Weld County Referral May 8, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number Level 3 Communications Case Number SE -1141 June 8, 2009 Planner Jacqueline Hatch Subdivision Exemption for a public utility Lot A RE -2519 part NE4 of Section 31, T3N, R66W of the 6th P.M., Weld County, Colorado. South of and adjacent to CR 28 and approximately 1/2 mile east of State Highway 85. For a more precise location, see legal. 1211 31 000053 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does /does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature a Agency p , W . Date ❖Weld County Planning Dept. C•4209 CR 24.5, Longmont, CO 80504 +(720) 652-4210 a#.8730 ❖(720) 652-4211 fax • 'ISMISIIIII NI !• NO II N II I II NI = (4t:r WUDG COLORADO MEMORANDUM Weld County Planning Department GREELEY OFFICE Nv 15 9Rflq RECEINED TO: Jacqueline Hatch, Planning Services DATE: May 15, 2009 FROM: Donald Carroll, Engineering Administrator p"`/ SUBJECT: SE -1141, Level 3 Communications The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 38 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All other vegetation, other than grasses, need to be maintained at a maximum height of 12 inches until the area is completely developed. The applicant shall indicate specifically on the plat the type of easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. The access width requirements for emergency equipment (fire department) are a minimum of 20 feet. The applicant indicated that it has been cleared with the fire department and emergency services that the width and weight capacity of the access lane shall be adequate for emergency purposes. The applicant shall provide documentation to that effect. Lot A and the SE Lot shall share a joint access point. This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: SE -1141 M\PLANNING — DEVELOPMENT REVIEW\SE-Subdivision Exemption\SE-1141.DOC • WELD COUNTY ROAD ACCESS INFORMATI N SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Road File #: RE#: 1. Applicant Name 5-2- E Lucy Phone 720, Z 24. 179/ Address I° Eldrrc.d3 12Adri- City 6r00.- -c--09 State Co Zip gooyI 2. Address or IL9cation of Access €9- Dxr IZh 16 C 12 26 n Section -> Township C, la Range 3 1 Subdivision A//4 -Block deel Lot A Weld County Road #: -Z8' Side of Road Distance from nearest intersection 3. Is there an existing access(es) to the property? Yes )" No # of Accesses 4. Proposed Use: Permanent ❑ Residential/Agricultural ❑ Industrial Cl Temporary U Subdivision Commercial ❑ Other ₹*₹₹**₹₹**********₹₹₹₹₹₹₹*********₹*₹₹**********₹₹***₹*******₹**₹***₹*****₹₹*****₹****₹₹*******₹₹₹*₹₹*₹*.****₹₹*₹₹*₹**₹₹₹₹₹₹*** Date: Other Case #: 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road = House = Shed A = Proposed Access A = Existing Access NT ₹***₹₹******************₹************** AC, c E. rt ACI OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized O Information Insufficient Reviewed By: Title: -7- WELD CORTY ROAD ACCESS INFORMATICIPSHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Road File #: ' 6 Date: 5." /5-Ocj RE # : Other Case #: SE 1 I V/ 1. Applicant Name 5-2- E• 4 bit), Phone 721-. 2-2-4, 7 7571 Address 1026 Etdor(Ada D• r). City &oaw.4-,elaA State !:0 Zip gO02.J 2. Address or L,9cation of Access ' ILb 16 C. 221 Section -> Township Range 3 ( Subdivision P/9' Block n//A Lot A Weld County Road #: 'Z8' Side of Road Distance from nearest intersection 3. Is there an existing access(es) to the property? Yes .k No # of Accesses 4. Proposed Use: . Permanent ❑ Residential/Agricultural ❑U Industrial ❑ Temporary ❑ Subdivision Commercial ❑ Other Yifll4YNi4YiillYMii!!i'Yfili4YflfYiiiiYiii'4TYill4YYili'kY1llYYYiliYkiiHY#Yli44liY1YY4iitiilnti '. YYYliYiiiiwi'*****lfiiY 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road O = House O = Shed A = Proposed Access • = Existing Access YY.!!4 Y4li!!!Y!!!lYYYi!!lt.Y. NT OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Reviewed By: ❑ Installation Authorized ❑ Information Insufficient Title: fattryi COLORADO Memorandum TO: Jacqueline Hatch, W.C. Planning DATE: June 4, 2009 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: SE -1419 NAME: Level 3 Communications This subdivision exemption (SE) is for a 69 foot antenna tower. As no employees will be located at the site, permanent water and sewer is not required. Environmental Health Services has reviewed this proposal and we have no objections to this request. • • CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES The )1-1 1 L£ 43SCG o -1 -ES .IL TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lei- R &ccrz, ,) v, ; to.t/ :' • • 1211- 31- l�£ S 1 �l, 14/14 '4 12,0r •bEyk of OA/ TOtA;v3tf1P,3ArCiZTN /?4'V4:f 66 - c1 - of Toc bm P 44.1 t)iti) i". Guiv'r CCI-CRool Y IL .fit' Aftc20.6 i'1'y 4r- 1/''Q'1 'i'C. 2'2. 2 VI CONVEYANCES (if none appear, so state): V Reception No. .2-2-20.72 I -7 ( l c'' ? - i 1) Book N/4 ',Reception No. ...2,,Z 4I qi ( .S • I • t 9'i.L) , Book /332/ viteception No. 2)41331,1 ( e .A_. Oft) , Book Wit' tit' ✓Reception No. /L1 3 CP:4 ( 4 .3 19 64) , Book 1/ Reception No. Book Reception No. , Book Reception No. , Book Reception No. Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nQr an opinion of Title, nor a guarantee Title and the liability of E Gu ITY TITLE 4SsCG14T ES COMPANY, is hereby limited to the fee paid for this Certificate. In Witness Whereof, EQtA1 my TITLE 4-Ssoct4 rE3 COMPANY, has caused this certificate to be signed by its proper officer this .2C j-tt day of APRIL, , 20 04 , at 7-.3V .4.Nt . Company: IE-aim TITLE,SSCC; 4+r`S It By: 6 A thorized Signature 111111111111111111IIII 'Hamm t 2720217 10/07/1999 10:00A Weld County CO 1 of 1 R 5.00 D 5.00 JR $ukl Tatakameto vE2 D.F. $5.00 The Specific Terms of This Deed An: Grantor; (Give rnee(s) and pleat) of inidmx: if the spina of the ownayama is iolleet in tie Deed to aaue hassad dabn, Wadfy Vann en Mebane ad wife.) Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (de 'property') from the individual(s), co radon(O. Parmera6(p(e), or other endtyQa) named below as GRANTOR to the indivWualo) or emity(ies) named below as ORAM'HE. The GRANTOR hereby sells end conveys she property to the GRANTEE and dm GRANTOR variants the tide to the property, except for (I) the lien of the general property tans for the year of this deed, which the GRANTEE will pay (2) any easenenu and rights -of - way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and missions shown of record (6)any additional matters shown below under 'Additional Warranty Excepdons', and (7) subject to building and zoning regulations. GARY LEE HERMAN AND JOYCE H. HERMAN Grinner (love eme(e) and ddsas(u): statement of ddme, including avellable rood or street ou,rba.) LEVEL 3 COMMUNICATIONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY Ram of Co•Chmers ep:: 1' Of man are rem or tore gnomes armed, they win be.mslderd to take as tenants to imam alai the woods 9n Joist m ossy' or worth of the sae meaning tae added In the space below.) J Property Description vv Maim aunty ad are.) Lot A, Recorded Exemption No. 1211-31-1-RE2519, being a part of the NE1/4 of Section 31, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, per map recorded Sepimeber28, 1999 under Reception No. 2723284. Property Address UNKNOWN CO Castrate On statement of a dollar amount it optional, neon* eauldendon for this des until M prssomd voles this amvµwn is Wodfid m a gift. In my one this conveyance le absolute, hod earl ostedlcnd.) FIFTY THOUSAND AND 00/100 Resent(ore-Restrktbes (If the GRANTOR Wanda to awe any barn in the pmpaty or le cmwr last than Is arced, erW r& GRANTOR b mtradeg is GRANTEE'S tight in the property. nice ape price Indiana.) Additional Warranty Exeeptloa: (include deeds dint bung assumed and other mina not and above.) Executed by the Grantor on OCTODER 6. 1999 Stepubre for Corporation, PannrYip or Association: Name of Gramm: Corporation, Parmenhip or Association By By Antic STATE OP COLORADO COUNTY OF WELD a• The foregoing instrument was acknowledged before me this 6th day of OCTOBER, 1999 Byes GARY LEE HERMAN AND JOYCE t HERMAN e.�r {ygigosnre for Iud vWWO): (OARY LPE Hitt MAN H • •• _ Grantor o �s " )) n foregoing �ietrunn win acknowledged before me this day of A 1 CE HERMAN Grantor Grantor bridal ({aaietp) or if Grantor k Corpordon. Partnership or A soi anon. rhea Weeny signs as presider[ or via president and secretary 'mvrury OeMiortloe: or as parents) of parmershb: r as audvised mmba(s) of aarution.) WITNESS my band and official sal. My aemnkalee arylrr: O 1981 UPDATE LEGAL FORMS Notary Public WCTC No. 2014. pR228014' State Documentary Free Dote sf—Z-—""..".`. $ WARRANTY DEED ,!arc /rye K io Tills DEED. Made this lit day of May, 1992 between TONY HERMAN of the County of Adams and State of Colorado, grantor, and GARY LEE HERMAN and JOYCE E. HERMAN whose legal address is 13101 Weld County Road 26, Fort Lupton, Colorado 80621 of the County of Weld and State of Colorado, grantee. WITNESSETH, that the grantor for and in consideration of the sum of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, her granted, bargained, sold and conveyed, and by these presents does gram, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado described as follows: See Exhibit A attached hereto and made a part of. TOGETHER with all and singular the hereditament' and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with all the hcreditamcnts and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, their heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, their heirs and assigns, that at the time of the enaealingand delivery of these premises, he is well seized of the premises above conveyed, has good, sum, prefect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to gnat, bargain, sell and convey the somt in manner and form as aforesaid, and that the same are free and clear front all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature socver, except: None The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possessionof the grantee, their heirs and assigns, against all and every person or persona lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS Wh EREOF, the grantor has executed this deed on the date set forth above. TONY HERM�-�- STATE OF COLORADO ) )SS: COUNTY OF WELD ) Swore to before me and subscribed in my presence by TONY HERMAN on this 1992. •^i •"• 5 1 F ..t .P�.:1 ::1. SdiA • it'ddwtiationEnv' : ^:-7/1/95 let day of May, Notary Public 127 22nd Street Greeley, CO 80631 B 1334 REC 02286499 05/01/92 15:21 $10.00 1/002 F 1827 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO LEGAL DESCRIPTION EXHIBIT A PARCEL 1: B 1334 REC 02286499 05/01/92 15:21 $10.00 2/002 F 1828 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO Lot A of Amended Recorded Exemption No. 1211-31-1-RE68, recorded December 13, 1985 in Book 1095 as Reception No. 02035754, being more particularly described as follows: A tract of land located in the NE1/4 of Section 31, Township 3 North Range 66 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Beginning at the Northeast corner of said Section 31 and considering the North line of said Section 31 as bearing North 90 degrees 00 minutes 00 seconds East, and all other bearings contained herein being relative thereto; thence South 00 degrees 39 minutes 59 seconds West, along the East line of said Section 31, a distance of 5234.33 feet; thence North 89 degrees 31 minutes 02 seconds West, 1330:53 feet; thence North 08 degrees 21 minutes 19 seconds West, 5278.79 feet to a point on the North line of said Section 31; thence North 90 degrees 00 minutes 00 seconds East, alone the North line of said Section 31, a distance of 2158.41 feet to the Point of Beginning. EXCEPTING THEREFROM a tract of land located in the NE1/4 of Section 31, Township 3 North, Range 66 west of the 6th P.M., being more particularly described as follows: Beginning at the Northeast corner of said Section 31 and considering the North line of said Section 31 as bearing North 90 degrees 00 minutes 00 seconds East, and all other bearings contained herein relative thereto; thence South 90 degrees 00 minutes 00 seconds West, 1300.41 feet to the True Point of Beginning; thence South 90 degrees 00 minutes 00 seconds West, 279.08 feet; thence South 09 degrees 10 minutes 11 seconds West, 297.47 lest; thence South 26 degrees 35 minutes 55 seconds East, 434.55 feet; thence South 12 degrees 03 minutes 44 seconds East, 251.84 feet; thence North 88 degrees 32 minutes 49 seconds East, 113.98 feet; thence North 02 degrees 08 minutes 38 seconds West, 926.27 feet to the True Point of Beginning. PARCEL 2: Lot B of Recorded Exemption No. 1211-31-1-RE931, recorded May 27, 1988 in Book 1197 as Reception No. 02142610, being more particularly described as follows: A part of the E1/2 of the E1/2 of Section 31, Township 3 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Commencing at a point on the West line of the E1/2 of Section 31, Township 3 North, Range 66 West of the 6th P.M. which bears South 00 degrees 12 minutes 00 seconds West 2559.6 feet from the N1/4 corner of Section 31; thence South 00 degrees 12 minutes 00 seconds West along said West line 2652.83 feet to the S1/4 corner of Section 31; thence North 89 degrees 38 minutes 50 seconds East along the south line of the E1/2 of Section 31, a distance of 894.4 feet to the West line of U. S. Highway 85; thence North 09 degrees 12 minutes oo seconds West along the West line of U. S. Highway 85, a distance of 2697.62 feat; thence South 88 degrees 01 minutes 45 seconds West, 454.09 feet to the Point of Beginning. AR2143344 B 1198 REC 02143394 06/02/88 16:43 $6.00 1/002 F 0649 MARY ANN FEUERSTEIN CLERK & RECORDER'WELD CO, CO sr.! -7j'. WARRANTY DEED IRIS DEED. Made thin 1'st between ADAM NIPPLE NARY SUE NIPPLE data JUNE .19 88. Coate of WE[D .Sae of Colorado. palms? and 'BONY HUNAN when lel,aladdtn.i. 1/323 Q«iv4S (;e/4'// Ochzer..C. f(103 0t d,, Come of State Documentary Fee Dare ...�srlr alL_ . Slaw of Colorado. pranwio,. WIThESSFRL Tha the graarrk for ad w consideration a **($245,000.00)** **7K.1_BUND&D, FORTY—FIVE'1SiWSAND D(1LiARS•AlID xW/l00thS*** IwW\RS. the mriN.mbufticicmv0$whichi, herehyxkmMh,l ed.ha Me panted. bargained. old =dammed. and hethperym rondo prang. harpin. rail. comm. and mthm. unto the pmmean.l. . his heir and aralem frewr: all the real pmpnv. together with inam ramenu. tram. 'kale. lyinpad ting in to Count. -of WEIR . Sae lotnaondn. Jmnilcd m hdk.,: SEE ATTACHED EXHIBIT "Al' FOR 7dT''AT OESQZIPTIUQ PRICE TO DCLJDE 2 IRRIGATIQJ WELTS AND 4 SHARE PLATTEVILLE Nf LING AND) IRRIGATING WEER MGM. /df al.n kiwi. n h. NM 1 ad comber m: . FARM GFCCIND Ii TOGETHER with ail and ainpular the hereditament+ ad appurtenance% Ammo o belmping. or it unywirr appertaining. and the meahn and reversions. remainder and remainder. rent.. Inman and pooh. Menton ft NI the maw. ripllu. dJr. Irmram. ?'Tait and Jutland whaboewr of the gramme. tuba in law or equity. of. in and in the Awn hvgaimJ premk.. with the hereditament?. and *pawn:mob. I; TO HAVE AND TO HOLD the raid yMtlwm ahne krgaiI.J and Jeacriled with tkuppuanait+. unto Ik gmalect l• his la4r ud 11 annum twaxv. Aral the groom.foe ft nl Ves kin and pmlmal nprenemuliten. do anemn.pnnl. keadn. and I' agree mad aitlhwpranlemn. has&tadan.ign.. Mai at the time of the emoting addel'nary of thew prawn.. well need of the patio, ar rev amn.md ha, good. now. perfect. abolme and inarteawihk e4Jlr of inhere: mt% in law. in We .impla•. mid ,I ha ye rood rieht. full pwerad aihna'l..gmll. hr1mn. all adeontey lts same lnlllamt:uat fns anuf.Rvid. and mkt filenameare fwe and eras fora all f WM VMother .raM,. Iajaha. Mitt.Ila9f. a\a'r. ma4mnwnlm. e,wc thranc '. and trietka not whaeverkimlm IMmtt weter. r. .neap the general real estate ta*mv and assessments for 1988 and subsequent years; 1, reservations, I.teml.ictions, easements and rights of way of record if any. and Me Mane he)vindpnemi.ee in temmdet adpamaNc p.w>mion MNepankt.) his kirrada411mnphrl all and men tact tat ,I pcwm%1 .:. �a .;._ vto claim the whale or any pan lhen+d palmist Jell and will WARRANT AND METER DEPEND. ls,.tir tw . oil. gram.wrl ha, warned Min deed on the doe ,et firth aura. Cc -f-; s3 ,,a apes Atettr@7102382mAup Connie of ADAMS The forevalrp irouumw wet acknowledged hefilre me in Me ad OM:EADO .Ihl. 1st ADAM HIPPIE AND N08: RE RIPPLE yl, mmmwhm expire.. 8/27/89 %MiM, no had and official sad. MACCY aura 1WP 1Jh Cl X17 , ,d I is , fK/p 1 (.savor ADAMS day JUNE !./) : .1988 .Inv •If in Ikmer. wen tin ad'. ii Ii No.932. Rev. 141. swum-NT•DiED mfr Meow antra lncll lWL+d heJixe. }a:} W am Mr.. I.dnwl.CD CN—.'N, J)Nab to .." B 1198 REC 02143394 06/02/88 16:43 $6.00 2/002 F 0650 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT"A" Covering the Land in the State of Colorado, County of Weld Described as: PARCEL 1: Lot A of Amended Recorded Exemption No. 1211-31-1-RE68, recorded December 13, 1985 in Book 1095 as Reception No. 2035754, being more particularly described as follows: A tract of land located in the Northeast quarter of Section 31, Township 3 North, Range 66 west of the 6th P.M., being more particularly described as follows: BEGINNING at the Northeast corner of said Section 31 and considering the North line of said Section 31 as bearing North 90°00'00" East, and all other bearings contained herein being relative thereto; thence South 00°39'59" West, along the East line of said Section 31, a distance of 5234.33 feet; thence North 89°31'02" West 1330.53 feet; thence North 08°21'19" West, 5278.79 feet to a point on the North line of said Section 31; thence North 90°00'00" East „along the North line of said Section 31, a distance of 2158.41 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM a tract of land located in the Northeast Quarter (NE/) of Section 31, Township 3 North, Range 66 West of the 6th P.M., being more particularly described as follows: BEGINNING at the Northeast corner of said Section 31 and considering the North Line of said Section 31 as bearing North 90'00'00" East, and all other bearings contained herein relative thereto; thence South 90°00'00" West, 1300.41 feet to the TRUE POINT OF BEGINNING; thence South 90°00'00" west, 279.08 feet; thence South 09°10'1l" West, 297.47 feet thence South 26°35'55" East, 434.55 feet; thence South 12°03'44" East, 251.84 feet; thence North 88°32'49" East, 113.98 feet; thence North 02°08'38" West, 926.27 feet to the TRUE POINT OF BEGINNING. PARCEL 2: Lot a of Recorded Exemption No. 1211-31-1-RE931, recorded May 27, 1988 in Book 1197 as Reception No. 2142610, being more particularly described as follows: Apart of the East t of the East h of Section 31, Township 3 North, Range 66 West of the 6th P.M., being more particularly described as follows: COMMENCING at a point on the West line of the East h of Section 31, Township 3 North, Range 66 west of the 6th P.M. which bears S00°12'00"47 2559.6 feet from the N} corner of Section 31; thence S00°12'00"W along said West line 2652.83 feet to the Sk corner of Section 31; thence N89°38'50"E along the South line of the Eh of Section 31 a distance of 894.4 feet to the West line of U.S. Highway 85; thence N09°12'00"W along the West line of O.S. Highway 85 a distance of 2697.62 feet; thence S88°01'45"W 454.09 feet to the POINT OF BEGINNING. • •es 511 i *1 3. hist 4:111•31101 • h-1 jttcuT.ol'i III. an leas, mods *rah 11, 1964; between miss r. KOJhoms as Resemtor of the Rotate of L. I. Nelsen, Detaasad, Granter, and J RLDOPFLL.aad.mslLW, SCE 1WPPLL, as 3eint/t assets, i MIT era., the Grantor is the qualified latcutor under the Last Will and Testament of the above -naiad decedent, which was edaitted to pro- bate on January 20, 1938 by the County Court in 11 Paso County, Stets of Colorado, being facets we. R262: and WergPAS, Paragraph Fourth d said Lest Will and Testament provide. as loll.ovss "FOURTH. . . I authorise and empower my executer, if in the settlement of my estate -he deem it advisable, at his discretion, to all'and convey upon such terms as ha shall as fit, the what. or any part of the real and and ttoo execute rsonal r&liwrraalll Sodng to s, introeentestate at iuofic or transf r and otheivet. r writings necessary to pass propar title thereto; . . '.- IOW, Tgglgoag, pursuant to the power contained in said Will, end for walsable consideration, the Grantor hereby sells and convoys unto the Create:0 t e following described reel property: Thu Rest Ralf of !Motion Thirty Dna (31), Township 3 Korth, fang. 66 West of the Sixth Principal Meridian, weld County, Colorado, together with rights of access thereto and one-half share of stock of The Platteville Irrigating sad Milling Company and complete pimping plant, except: Onion Pacific railroad Company Right of Way; Reservations of rowel and minerals, if any, of record: Those portion. previously conveyed for read purposes; and Rights of way for irrigating ditches and putiio roads. OWN Or COLOKADO .• City and County of Denver ) a• The forgclag Deed was acknowledged before ms on by wpm P. Nelson; as kscutor of the Estate of L. Rip commission expires rbveeber 1, 1964. teIwitrA r. season, i1c: Naar of the rotate of L. 1. Nelson, Decried 1,1964, i csesed. 2. £0'd Z010SLL6TL NNI 3LtlflfS 3Whl Wtl 01:00 6002-tt-dtlW Hello